William Kritsonis, School Law, Ch 6 Student Rights (1)

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tsOnCampus.htm)
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Student Rights on Campus
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Student Rights on Campus
Separation of Church State
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Separation of Church State

• There is no such phrase in the constitution.
• It was in a personal letter from President
  Thomas Jefferson to a small Baptist church in
  1802. (Danbury, Connecticut)

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Separation of Church State
The Establishment Clause
Congress shall make no law respecting an
establishment of religion or prohibiting the free
exercise thereof or abridging the freedom of
speech or of the press or the right of the
people peaceably to assemble 1791The First
Amendment of the
U.S. Constitution
Student Rights on Campus
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1. Students have the right to Pray on campus

OnlyOfficial State composed prayers are
excluded from the school. Engle v. Vitale
1962. Bender v. Williamsport Area School
District 1986. (Supreme Court Decision)
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2. Students have the Right to Meet together for
Bible Study
it shall be unlawful for any public secondary
school to deny Equal Access to any students who
wish to conduct a meeting on the basis of the
religiouscontent at such meetings. The Equal
Access Act -1984 .
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The Equal Access Act
The Act was drafted to keep people from
violating the Establishment Clause of the US
Constitution. Congress recognized that the
state should not promote religion. However,
the Equal Access Act doesnt promote religious
activity, rather it gives it neutral treatment.
The Equal Access Act -4071(c)(4)
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The Equal Access Act
Does the Equal Access Act apply to every school?

• if its a secondary school
• if it receives Federal funding
• if has a limited open forum

Student Rights on Campus
The Equal Access Act -4071(a)(4)
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The Equal Access Act
What is a limited open forum?

• Some places like parks are a completely open
  forum
• Schools have a created an open forum for a
  particular group of people Students.

Student Rights on Campus
The Equal Access Act -1984
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The Equal Access Act
Do all schools have a limited open forum?

• No. But most do.
• If any non-curriculum student groups are
  allowed to meet then the Equal Access Act is
  triggered.

Student Rights on Campus
The Equal Access Act -1984
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The Equal Access Act
What is a non-curriculum related student club?

• Any student meeting that is not directly
  related to a class.

Student Rights on Campus
The Equal Access Act -1984
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The Equal Access Act
Congress used these 2 questions to determine
whether a student meeting was curriculum related

• Does the public school usually sponsor an
  activity with this subject matter?
• Does the school require or directly
  encourage student participation in such a group
  in connection with curricular course work?

Student Rights on Campus
The Equal Access Act -1984
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The Equal Access Act
Does that mean that anybody can meet?

• any beliefs
• any size

As long as the meeting does not materially and
substantially interfere with the orderly conduct
of educational activities within the
school. The Equal Access Act -4071(c)(4)
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The Equal Access Act
Can we talk about anything we want to?

• The school does not need to concern itself with
  the content of the religious speech only
  whether the speech
• Is illegal
• Threatens the well-being of teachers or
  students
• Is not voluntary
• Materially substantially interferes with
  the orderly conduct of
  educational activities within the school

Student Rights on Campus
The Equal Access Act -4071(c)(4)
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The Equal Access Act
What about the KKK and other Anarchy type groups?
As long as the meeting does not materially and
substantially interfere with the orderly conduct
of educational activities within the school. The
Equal Access Act -4071(c)(4)
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The Equal Access Act

• What about gay lesbian groups?
• What about wiccan?

As long as the meeting does not materially and
substantially interfere with the orderly conduct
of educational activities within the school. The
Equal Access Act -4071(c)(4)
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The Equal Access Act
What about non-school persons?
if the schools limited open forum includes
non-student participation then non-student
participation must be permitted for all such
student groups. Student Coalition for Peace
v. Lower Merion School District 1985.
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The Equal Access Act
What about non-school persons?
non-school persons may not direct, conduct,
control or regularly attend activities of student
groups. The Equal Access Act -4071(c)(5)
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3. Students have the Right to Carry and read
their Bible on Campus

Students may carry and read their Bible at
school. The Equal Access Act 1984 .
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4. Students have the Right to Have Religious
Services.
The Supreme Court reinstates a US District Court
decision that allowed public H.S. students to
meet during an activity period for prayer, Bible
Study and religious discussion during the school
day on campus. Bender v. Williamsport Area
School District 1986. (Supreme Court Decision)
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5. Students have the Right to Be excused.
Public students cannot be forced to participate
in activities that violate their religious
convictions. West Virginia Board of Education
vs. Barnette. 1943 .
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6. Schools may Accommodate students religious
needs.
Students may be released during the school day
to receive religious instruction off
campus. Called Release time education. (Varies
state to state) Zorach v. Clauson 1952.
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7. Students may engage in controversial Speech.
They may discuss controversial topics concerning
religious, political and philosophical
viewpoints. Healy v. James 1972.
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8. Students Have the right to Distribute
Literature

1. Students Have the right to wear Christian
   T-shirts

The school may impose restrictions in these areas
but they must be the same for both religious and
non-religious content.
Student Rights on Campus
Tinker v. Des Moines 1969
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10. Students do not shed their Constitutional
Rights at the Doors of their School
Both teachers and students retain their First
Amendment rights while on school grounds.
Tinker v. Des Moines Independent School
District. 1969
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You are an American.
The Establishment Clause
Congress shall make no law respecting an
establishment of religion or prohibiting the free
exercise thereof or abridging the freedom of
speech or of the press or the right of the
people peaceably to assemble 1791. The First
Amendment of the
U.S. Constitution
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You are an American.
The First Amendment gives you
Freedom of Religion Freedom of Speech Freedom of
Press Freedom of Assembly Freedom of Redress
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You are an American.
Go Express Yourself!
Freedom of Religion Freedom of Speech Freedom of
Press Freedom of Assembly
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Campus websites www.reachthecampus.com www.gocam
pus.org www.everyschool.com
Student Rights on Campus